Africa regulatory ENSight 2020 | 06 *Coronavirus (COVID-19) regulatory measures 3
Common Market for Eastern and Southern Africa (“COMESA”)
sector measure effective date/status key points and impact Transport Guidelines for Movement of Goods and Published on 10 June 2020 The Guidelines: Services Across the COMESA Region by COMESA, as adopted by • are aimed at facilitating the movement of goods and services during During the COVID-19 Pandemic the 8th Extra-Ordinary the COVID-19 pandemic without amending or replacing any Council of Ministers’ provisions of the COMESA Treaty; Meeting on 14 May 2020. • provide a basis for the regional private sector, including freight companies, to engage respective governments to implement the recommendations to address the current challenges affecting the flow of goods and services within the region; and • considered similar guidelines developed by the East African Community (“EAC”) and the Southern African Development Community (“SADC”) in response to the COVID-19 to ensure they complement and not conflict. 4
Southern African Development Community (“SADC”)
sector measure effective date/status key points and impact Transport SADC/CM-EM/3/2020/2A: SADC Published on 23 June 2020 The Guidelines: Guidelines on Harmonisation and by SADC. • are aimed at: Facilitation of Cross Border Transport • limiting the spread of COVID-19 through transport across borders; Operations across the Region During the • facilitating the implementation of transport related national COVID- COVID-19 Pandemic: Revision No. 1 19 measures in cross border transportation; • facilitating interstate flow of goods and services; • establishing safe measures to allow movement of passengers across borders; • balancing, aligning, harmonising and coordinating COVID-19 response measures with the requirements for trade and transport facilitation; and • facilitating the adoption and implementation of harmonised Standard Operating Procedures for Management and Monitoring of Cross Border Road Transport at Designated Points of Entry and Covid-19 Checkpoints [see below].
Transport SADC/CM-EM/3/2020/2B: Regional Published on 23 June 2020 The Standard Operating Procedures (“SOPs”): Standard Operating Procedures for by SADC. • aim at facilitating the safe transportation of all passengers, goods Management and Monitoring of Cross and services and promoting business continuity and resumption of Border Road Transport at Designated cross borders activities across the region while preventing the Points of Entry and COVID-19 Checkpoints spread of COVID-19 across the SADC region; • provide guidance on specific measures which will be implemented to prevent the spread of COVID-19 through cross-border road transport; and • will assist member states to implement the Corridor Trip Monitoring System (“CTMS”) which is under development and other systems as may be agreed by member states, for management of: • the registration of cross border trips; 5
Southern African Development Community (“SADC”)
sector measure effective date/status key points and impact Transport SADC/CM-EM/3/2020/2B: Regional Published on 23 June 2020 • recording, monitoring and surveillance of driver wellness, Standard Operating Procedures for by SADC. including medical test results for specified communicable Management and Monitoring of Cross diseases such as COVID-19; Border Road Transport at Designated • tracking of vehicles, loads and drivers; Points of Entry and COVID-19 Checkpoints • contact tracing; … Continued • queue management at ports, border posts and other facilities; and • statistical analysis and reporting. 6
Angola
sector measure effective date/status key points and impact Transport Executive Decree No. 181/20 (Measures Effective from 12 June 2020. The Executive Decree: for the Prevention and Control of the • revokes all acts carried out by the organs, institutions, companies Spread of SARS-VOC-2 and COVID-19 for and services assigned to the transport sector contrary to the the Duration of the Public Disaster provisions of this Executive Decree; Situation in the Transport Sector) of 12 • defines concrete prevention and control measures to prevent the June 2020 spread of SARS-VOC-2 and COVID-19 for the duration of the Public Disaster Situation in the Transport Sector; • regulates air, sea and port, rail, and road passenger and freight transport; and • regulates the specific measures of each subsector of the transport sector.
Transport Joint Executive Decree No. 180/20 Effective from 12 June 2020. The Joint Executive Decree: (National and International Travel During • regulates all national and international trips made during the period the Situation of Public Calamity) of 12 of Situation of Public Calamity; June 2020 • applies to the entire national territory and to travel to, and from abroad, such as: • the return of national and resident foreigners; • travel of foreign citizens to their countries; • official travel; • entry and exit of cargo; • merchandise and tax orders; • humanitarian aid; • medical emergencies and technical stopovers; • transmission of corpses, humanitarian aid; and • the entry and exit of diplomatic personnel; • regulates the defence and control of borders; 7
Angola
sector measure effective date/status key points and impact Transport Joint Executive Decree No. 180/20 Effective from 12 June 2020. • regulates the types and requirements of authorised travel; (National and International Travel During • establishes that nationwide passenger air travel begins on the day the Situation of Public Calamity) of 12 on which the lifting of the sanitary fence to Luanda Province is June 2020 … Continued decreed and that air travel starts from 30 June, subject to confirmation by the national health authorities; • establishes a mandatory requirement for prior testing, up to eight days before the date of travel, and requires a 14-day institutional quarantine for those who return to the country; and • provides that international passenger travel by sea and road is not permitted for the duration of the Situation of Public Calamity.
Immigration Executive Decree No. 186/20 of 25 June Effective from 25 June 2020. The Executive Decree validates until 31 August 2020 documents that 2020 have expired or will expire, including residence permits, refugee cards, investor visas, work visas, study visas and temporary residence visas of foreign nationals absent from Angola and foreign nationals who are in Angola, but have not renewed their documents, ensuring their stay until the ban on the movement of persons at border posts is lifted.
Health and safety Joint Executive Decree No. 184/20 Effective from 25 June 2020. The Joint Executive Decree: (Sanitary Fence in Luanda Province) of 25 • provides for the enforcement of the sanitary fence in Luanda June 2020 Province from 00:00 on 26 June 2020 until 23:59 on 10 July 2020; and • provides that while the sanitary fence is in force, the borders of Luanda Province are subject to sanitary control, as defined by the competent authorities. 8
Botswana
sector measure effective date/status key points and impact Corporate / Companies Re-Registration Act (Extension Published in the Botswana The Order extends the transitional period specified under section 2 of Commercial of Transitional Period of Re-Registration of Government Gazette on 29 the Companies Re-Registration Act No. 24 of 2018 from 3 June 2020 to Existing Companies) Order, 2020, May 2020. 2 December 2020. Statutory Instrument No. 83 of 2020
Corporate / Registration of Business Names Re- Published in the Botswana The Order extends the transitional period specified under section 2 of Commercial Registration Act (Extension of Transitional Government Gazette on 29 the Registration of Business Names Re-Registration Act No. 26 of 2018 Period of Re-Registration of Existing May 2020. from 3 June 2020 to 2 December 2020. Business Names) Order, 2020, Statutory Instrument No. 84 of 2020
Finance NBFIRA 3/3/10-I (22): Record Keeping and Published in June 2020 by The Notice provides that: Customer Identification and Prominent the Non-Bank Financial • the NBFIRA, in consultation with the Financial Intelligence Agency and Influential Persons Guidance Notes to Institutions Regulatory (“FIA”), and in accordance with section 44(l)(b) of the Financial the Non-Banking Financial Institutions Authority (“NBFIRA”). Intelligence Act of 2019 (“FI Act”) has issued two Guidance Notes (“NBFIS”) on: • record keeping and customer identification (available at http://www.nbfira.org.bw/guidance-note-record-keeping- customer-identification); and • prominent and influential persons (available at http://www.nbfira.org.bw/guidance-note-prominent- influential-persons-%E2%80%9Cpips%E2%80%9D); and • the Guidance Notes are meant to help regulated entities, otherwise referred to as specified parties in the FI Act, to comply with their obligations under the Act. 9
Botswana
sector measure effective date/status key points and impact Tax Guidance Note: Income Tax (COVID-19) Published on 2 June 2020 by The Guidance Note: Deferment of Self-Assessment Tax 2020 the Botswana Unified • serves to explain the basis for the application for deferment of Revenue Service (“BURS”). corporate income taxes due during the period 1 March 2020 to 30 September 2020 and how it is applicable to taxpayers in accordance with the Income Tax (COVID-19) (Deferment of Self-Assessment Tax) Order, 2020, Statutory Instrument No. 73 of 2020; • provides guidelines on persons eligible, payments that can be deferred, amounts deferred, due dates for payment of amounts not deferred, due dates for payment of deferred amounts, interest charges, application to the Commissioner General for deferment, application to the Minister for deferment, as well as how to apply for the deferment through the BURS online application platform.
Health and safety Public Notice No. MH 20/33X (24): Costs Issued on 3 June 2020 by The Public Notice: of Quarantine the Ministry of Health and • is issued pursuant to Regulation 6 of the Emergency Powers (COVID- Wellness. 19) Amendment (No. 4) Regulations, 2020, which empower the Director of Health Services to require persons liable to be quarantined to pay the costs of their quarantine, as of 5 June 2020; • requires the following persons to bear the costs of quarantine according to the following schedule: • returning citizens and residents: 50% of cost of quarantine and 100% if they opt out of the government designated quarantine facilities, provided their chosen facility meets COVID-19 guidelines; • all companies whose employees or other agents return to or enter Botswana: 100% of cost of quarantine; 10
Botswana
sector measure effective date/status key points and impact Health and safety Public Notice No. MH 20/33X (24): Costs Issued on 3 June 2020 by • local contacts of COVID-19 requiring quarantine: the of Quarantine … Continued the Ministry of Health and Government of Botswana will cover 100% of cost of Wellness. quarantine unless they opt out of the government designated quarantine facilities, provided their chosen facility meets COVID-19 guidelines; • provides that in exceptional cases, home quarantine may be permitted provided such quarantine facility meets COVID-19 guidelines. It should be noted that home quarantine will be in full effect once the government has rolled out tracking and geo-fencing mechanisms.
Trade Emergency Powers (COVID-19) Effective from 4 June 2020. The Notice: Regulations, 2020: Trade and Business • provides that the following businesses may operate as follows: Trading Hours, Government Notice No. • between 08:00 and 22:00: 203 of 4 June 2020 • agricultural shops; • bakeries; • butcheries; • funeral parlours; • general dealers; • pharmacies/chemists; and • supermarkets; • between 06:00 and 22:00: • restaurants; and • takeaways; and • fuel filling stations may operate for 24 hours. 11
Botswana
sector measure effective date/status key points and impact Transport Emergency Powers (COVID-19) Published in the Botswana The Regulations: Regulations (Cap. 22:04 (Sub. Leg.)): Road Government Gazette, • revoke Government Notice No. 193 of 2020; and Transport Passenger Permits, Government Volume LVIII, No. 54 on 6 • permit a public service vehicle to carry passengers in terms of the Notice No. 207 of 2020 June 2020. conditions set out in a Passenger Permit, provided that a public transport operator complies with the COVID-19 measures, such as abiding by the COVID-19 protocols and not permitting a person to use public transport without wearing a face mask.
Tax Public Notice: Application Platform for Published on 8 June 2020 by The Notice: Deferment of Corporate Income Taxes the Botswana Unified • provides that, from 3 June 2020, the application platform for Revenue Service (“BURS”). deferment of corporate income taxes paid as quarterly instalments and lump sum payments that are due and payable during the period between 1 March 2020 and 30 September 2020 will be available on the BURS Website E-Services portal. The application is in accordance with the Income Tax (COVID-19) (Deferment of Self-Assessment Tax) Order, 2020, Statutory Instrument No. 73 of 4 May 2020; • provides that the application is open to all companies possessing a valid tax clearance certificate and registered for BURS e-services; and • gives companies with a maximum turnover of BWP250-million 60 days to apply for deferment, and companies with a turnover of more than BWP250-million 30 days to apply for deferment.
Applies to Emergency Powers (COVID-19) Effective from 12 June 2020. The Regulations: multiple sectors Regulations (Cap. 22:04 (Sub. Leg.)): • lift the lockdown for the Greater Gaborone zone with effect from Lifting of Lockdown of Greater Gaborone Published in the Botswana midnight on 15 June 2020; Zone, Government Notice No. 217 of 2020 Government Gazette, • prohibit non-essential travel between COVID zones without a Volume LVIII, No. 58 on 15 permit; June 2020. 12
Botswana
sector measure effective date/status key points and impact Applies to Emergency Powers (COVID-19) Effective from 12 June 2020. • permit a trade, business, school, religious place of worship or multiple sectors Regulations (Cap. 22:04 (Sub. Leg.)): funeral to operate or be conducted where it has satisfied the Lifting of Lockdown of Greater Gaborone Published in the Botswana Director of Health Services, or any person authorised by the Director Zone, Government Notice No. 217 of 2020 Government Gazette, for that purpose, of its ability to prevent the spread of COVID-19; … Continued Volume LVIII, No. 58 on 15 and June 2020. • set measures that must be observed by a trade, business, school, and religious place of worship, and at a funeral.
Liquor Emergency Powers (COVID-19) Published in the Botswana The Regulations: Regulations (Cap. 22:04 (Sub. Leg.)): Government Gazette, • revoke Government Notice No. 196 of 2020; Lifting of Liquor Restrictions, Government Volume LVIII, No. 58 on 15 • authorise the lifting of liquor restrictions; Notice No. 219 of 2020 June 2020. • permit liquor licensees to sell intoxicating liquor on days and at times as set out in the Schedule to the Regulations, provided that: • the intoxicating liquor is sold for off-site (home consumption), and • where a restaurant license under the Trade Act and a bar liquor license under the Liquor Act are issued for the same business premises, the bar liquor licensee shall sell intoxicating liquor on-site (sit-in); and • prohibit the sale of traditional beer listed in Schedule 3 of the Traditional Beer Regulations.
Tobacco Emergency Powers (COVID-19) Published in the Botswana The Regulations authorise the lifting of the prohibition of the Regulations (Cap. 22:04 (Sub. Leg.)): Government Gazette, importation and sale of tobacco or tobacco related products under Lifting of the Prohibition of the Volume LVIII, No. 63 on 26 prescribed conditions. Importation and Sale of Tobacco or June 2020. Tobacco Related Products, Government Notice No. 262 of 2020 13
Cabo Verde
sector measure effective date/status key points and impact Applies to Resolution No. 77/2020 (Strategy for the Effective from 30 May 2020. The Resolution: multiple sectors Gradual Lifting of Restrictive and Social • approves the strategy and the timing of the gradual lifting of Distancing Measures Imposed in the restrictive and social distancing measures imposed in the framework Context of Prevention of the COVID-19 of containment of the COVID-19 pandemic, Pandemic) of 29 May 2020 • establishes the general health-related requirements applicable to institutions, companies, services or activities, as well as the specific procedures to be observed, for public health reasons, in the context of preventing contamination of SARS-CoV-2; and • provides that the government grants incentives to companies and other private organisations in an effort to adapt their activities, in order to ensure compliance with the established health and safety standards and the recommendations of competent authorities.
Applies to Resolution No. 85/2020 (Amendment to Effective from 18 June 2020. The Resolution: multiple sectors the Strategy for the Gradual Lifting of • amends Resolution No. 77/2020 of 29 May 2020; and Restrictive and Social Distancing Measures • establishes health control standards applicable to domestic and Imposed in the Context of Prevention of international passenger travel. the COVID-19 Pandemic) of 18 June 2020
Health and safety Resolution No. 76/2020 (Declaration of Effective from 30 May 2020. The Resolution declares a Situation of Calamity on the island of Situation of Calamity on the Island of Santiago based on the epidemiological situation still existing on the Santiago) of 29 May 2020 island of Santiago and the risk of COVID-19 contamination in the country, and the need to maintain measures to strengthen the level of prevention currently in force. 14
Cabo Verde
sector measure effective date/status key points and impact Applies to Resolution No. 92/2020 of 4 July 2020 Effective from 5 July 2020. The Resolution approves: multiple sectors • the monitoring of implementation of the general health and safety conditions applicable to institutions, companies, services or activities, as well as specific procedures to be observed for public health reasons; and • the strategic guidelines to be developed by the competent entities for the implementation of the monitoring process. 15
Guinea-Bissau
sector measure effective date/status key points and impact Health and safety Presidential Decree No. 24/2020 (Renewal Effective from 26 June 2020 The Presidential Decree: of the State of Emergency) of 25 June to 25 July 2020. • renews the State of Emergency throughout the national territory for 2020 a period of 30 days; • maintains the measures contained in the preceding Presidential Decree, in particular, with to respect social distancing and the mandatory use of masks; and • lifts the curfew measure throughout the national territory.
Applies to Decree No. 14/2020 (Exceptional, Effective from 26 June 2020. The Decree adopts exceptional, temporary and restrictive measures of multiple sectors Temporary and Restrictive Measures of certain rights, freedoms and guarantees in execution of the declaration Some Rights, Freedoms and Guarantees in of the State of Emergency made by Presidential Decree No. 24/2020 of Execution of the Declaration of the State 25 June 2020. of Emergency) of 26 June 2020 16
Lesotho
sector measure effective date/status key points and impact Tax Lesotho Revenue Authority (Deferment Effective from 15 May 2020. The Notice: and Remission of Revenue) Notice, 2020, • outlines the factors for deferment and remission of revenue to Legal Notice No. 44 of 2020 Published in the Lesotho alleviate COVID-19-related tax compliance burdens or cash flow Government Gazette, challenges and COVID-19 economic relief; Volume 65, No. 43 of 15 • specifies the procedure for deferment and remission of revenue as May 2020. follows: • large taxpayer company income tax: • 60% of the tax payment for the first quarter instalment shall be paid by the end of June. The remaining 40% shall be paid from the end of October 2020 in six equal monthly instalments ending in March 2021; and • 80% of the tax payment for the second quarter instalment shall be paid by the end of September 2020. The remaining 20% shall be paid from the end of October 2020 in six equal monthly instalments ending in March 2021; • small and medium taxpayers: • for the year-end filing season, 100% of the tax payment shall be payable from the end of October 2020 in six equal monthly instalments ending in March 2021; and • 80% of the tax payment for the second quarter instalment shall be paid by the end of September 2020. The remaining 20% shall be paid from the end of October 2020 in six equal monthly instalments ending in March 2021; 17
Lesotho
sector measure effective date/status key points and impact Tax Lesotho Revenue Authority (Deferment Effective from 15 May 2020. • payment for value-added tax by a vendor and Pay-As-You- and Remission of Revenue) Notice, 2020, Earn by an employer who stopped business during the Legal Notice No. 44 of 2020 … Continued Published in the Lesotho national lockdown, which is due for the months of April, Government Gazette, May and June, is deferred and the total of the deferred Volume 65, No. 43 of 15 amounts of the tax payment shall be payable from the end May 2020. of July 2020 in nine equal monthly instalments ending in March 2021; and • individual income tax payable by an individual who is engaged in public transport business during the period of the national lockdown is remitted.
Applies to Public Health (COVID-19) Regulations, Effective from 10 June 2020. The Regulations: multiple sectors 2020, Legal Notice No. 52 of 2020 • repeal the Public Health (COVID-19) Regulations, 2020, Legal Notice Published in the Lesotho No. 43 of 2020; Government Gazette, • set out measures to prevent the introduction and spread of COVID- Volume 65, No. 50 of 10 19 in Lesotho; June 2020. • allow all businesses and other entities to operate during lockdown, with the exception of those provided for in the Regulations; • allow all public and private transport to provide services, under the COVID-19 preventative measures provided for; • set out the operating hours and mode of operation for entities, enterprises and businesses; • require cleaning and disinfection of places of business; and • provide for: • the sale, distribution and transportation of liquor; • medical screening and testing of person allowed to enter Lesotho during the lockdown period; 18
Lesotho
sector measure effective date/status key points and impact Applies to Public Health (COVID-19) Regulations, Effective from 10 June 2020. • quarantine; and multiple sectors 2020, Legal Notice No. 52 of 2020 … • offences and penalties for contravention of the regulations, Continued Published in the Lesotho refusal to be quarantined by persons who test positive, and Government Gazette, publication or spread of false information. Volume 65, No. 50 of 10 June 2020. 19
Mozambique
sector measure effective date/status key points and impact Applies to Decree No. 37/2020 (Additional, Effective from 2 June 2020 The Decree: multiple sectors Exceptional and Temporary Economic and to 31 December 2020. • repeals Decree No. 22/2020 of 23 April 2020 and safeguards the Social Measures to Mitigate the Impact of legal effects produced by it; the COVID-19 Pandemic) of 2 June 2020 The electricity sector • adopts additional, exceptional and temporary economic and social measures provided for in measures to mitigate the impact of the COVID-19 pandemic for the the Decree enter into force duration of the State of Emergency; on 1 June 2020 and shall • applies to economic and social sectors affected by the COVID-19 apply until 31 December pandemic, particularly all undertakings linked to the Mandatory 2020. Social Security System managed by the National Institute of Social Security; • provides for measures relating to fines and interest on late payment; • provides for the reduction of tariffs, deferral of payments and reduction in energy bills for electricity consumers; • exempts all consumers of the public and private water supply service from the payment of water bills; and • provides that the government shall approve a credit line totalling MZN1-billion in order to support micro, small and medium-sized enterprises.
Health and safety Presidential Decree No. 21/2020 Effective from 30 June 2020. The Presidential Decree extends the State of Emergency, for reasons of (Extension of the State of Emergency) of public calamity, for another 30 days from 30 June 2020 to 29 July 2020, 26 June 2020 covering the entire national territory.
Health and safety Law No. 8/2020 (Ratification of the Effective from 30 June 2020. The Law: Extension of the State of Emergency) of • ratifies the extension of the State of Emergency, for the third time, 29 June 2020 for another 30 days from 30 June 2020 to 29 July 2020; and • regulates essential services and measures to limit rights, freedoms, guarantees and access to justice. 20
Mozambique
sector measure effective date/status key points and impact Applies to Decree No. 51/2020 (Administrative Effective from 1 July 2020. The Decree: multiple sectors Implementing Measures for the • repeals Decree No. 36/2020 (Administrative Implementing Prevention of Containment of pandemic Measures for the Prevention and Containment of the COVID-19 propagation COVID-19) of 1 July 2020 Pandemic) of 2 June 2020; • approves the administrative implementing measures for preventing the spread of the COVID-19 pandemic, to be in force during the State of Emergency; • applies to all national and foreign citizens and public and private institutions in the national territory; • defines measures to prevent and combat the COVID-19 pandemic; • regulates quarantine, isolation, hospitalisation and hospital visits; and • extends of the scale of screening and testing. 21
Nigeria
sector measure effective date/status key points and impact Banking / Finance Circular No. FPR/DIR/GEN/CIR/06/055: Published on 27 May by the The Circular: Circular to all Other Financial Institutions Central Bank of Nigeria • grants CBN intervention facilities availed through participating OFIs (“OFIs”): Regulatory Forbearance for the (“CBN”). a further one-year moratorium on all principal repayments, effective Restructuring of Credit Facilities of Other 1 March 2020; Financial Institutions Impacted by COVID- • reduces interest rates on CBN intervention facilities through 19 participating OFIs from 9% to 5% per annum for one year, effective 1 March 2020; and • grants OFIs leave to consider temporary and time limited restructuring of the tenor and loan terms for households and businesses affected by COVID-19, subject to the guidelines for restructuring affected credit facilities in the OFI sub-sector.
Oil and gas Industry Circular to All Oil and Gas Issued on 23 June 2020 by The Circular: Industry Operators: Management of the Department of • provides that pursuant to Regulation 45 of the Petroleum (Drilling & COVID-19 Outbreak – Update 4 Petroleum Resources. Production) Regulations, 1969, no personnel (including government authorities) shall be permitted to embark to offshore/remote locations in the oil and gas industry without being fully subjected to established protocols; and • provides that all operators are to ensure that evidence of compliance with the protocols by personnel travelling to offshore/remote locations are duly documented. 22
Rwanda
sector measure effective date/status key points and impact Mining COVID-19 Guidelines in the Mining Sector Issued on 4 June 2020 by The Guidelines: the Rwanda Mines, • aim to contain the spread of COVID-19 amongst employees in the Petroleum and Gas Board mining sector and any other person they may come into contact (“RMB”). with; and • set out requirements that mine and quarry owners must put in place to protect the health and safety of employees in mining activities.
Finance Economic Recovery Fund Operational Published on 9 June 2020 by The Guidelines: Guidelines the Ministry of Finance and • aim to operationalise the Economic Recovery Fund (“ERF”), which: Economic Planning. • is a two-year facility established by the government to cushion businesses affected by the COVID-19 pandemic • is expected to facilitate domestic production of essential goods such as masks, gloves, sanitizers, disinfectants and others that may be deemed necessary during and post COVID-19 period; • is launched with RWF100-billion to be distributed towards: • hotel sector loan refinancing; • businesses in manufacturing (including agri- processing); • transport and logistics; and • small and medium enterprises linked to domestic and global supply chains; • will be managed by the National Bank of Rwanda; and • set eligibility criteria for and specific terms and conditions of the ERF. 23
São Tomé and Príncipe
sector measure effective date/status key points and impact Health and safety Resolution No. 23/2020 (Declaration of Effective from 15 June 2020 The Resolution declares a State of Public Calamity throughout the the State of Public Calamity) of 15 June until 31 July 2020. national territory from midnight on 16 June 2020 to 31 July 2020. 2020 Health and safety Decree-Law No. 12/2020 (General Effective from 15 June 2020 The Decree-Law: Measures in the Context of the State of until 31 July 2020. • establishes health measures aimed at the protection of the Public Calamity) of 16 June 2020 community and the reduction of the risk of COVID-19 contagion; • defines general health rules, which must be observed by all citizens and public and private entities: • provides for 3 phases of implementation of health measures, namely: • Phase 1: from 16 to 30 June 2020; • Phase 2: from 1 to 15 July 2020; and • Phase 3: from 16 to 31 July 2020.
Health and safety Decree-Law No. 11/2020 (Amendment of Effective from1 June 2020. The Decree-Law: Restrictive Measures for Preventing and • amends Articles 3 and 12 of Decree-Law No. 5/2020 (Restrictive Combating COVID-19) of 1 June 2020 Measures for Preventing and Combating COVID-19) of 24 April 2020, in relation to: • home quarantine; • the suspension of flights; • the operation of trade and municipal and district markets; • the occupation of passenger seats, taxis and private vehicles; • the obligation to wear masks; • the mandatory general confinement of the entire population from 18:30 to 05:00; and • funeral ceremonies and public agglomerations, while the State of Emergency in Public Health is in force. 24
Zambia
sector measure effective date/status key points and impact Liquor The Liquor Licensing (Permitted Hours) Effective from 28 May 2020. The Regulations provide: (Amendment) Regulations, Statutory • that all bars and night clubs shall be closed; and Instrument No. 51 of 2020 • the operating hours for bottle stores and wholesale liquor stores.
Banking / Finance Updated Terms and Conditions for the Published on 5 June 2020 by The Updated Terms and Conditions: Targeted Medium-Term Refinancing the Bank of Zambia. • provide for the Targeted Medium-Term Refinancing Facility (the Facility “Facility”), which aims to strengthen and enhance financial sector resilience, particularly in the wake of the outbreak of COVID-19; • provide that the Facility is an exceptional advance available to Financial Service Providers (“FSPs”). The advance is primarily intended to offer liquidity support to qualifying FSPs for onward lending or refinancing to borrowers in the priority sectors identified as key drivers of economic growth and development; and • sets out the eligibility criteria, application procedures, tenor of advances, eligible collateral, interest rates, limits on borrowing, advance repayment, reporting requirements, default, other general conditions and priority sectors, which include agriculture, manufacturing, energy and tourism. 25
Zimbabwe
sector measure effective date/status key points and impact Applies to Amendments to the Public Health (COVID- Published in the Supplement The Public Health (COVID-19 Prevention, Containment and multiple sectors 19 Prevention, Containment and to the Zimbabwean Treatment) (Amendment) Regulations, 2020 (No. 4), Statutory Treatment) Regulations, 2020, Statutory Government Gazette Instrument No. 134 of 2020, published in the Supplement to the Instrument No. 77 of 2020 (the “Principal Extraordinary on various Zimbabwean Government Gazette Extraordinary on 12 June 2020, Regulations”) dates. remove the requirement of the Minister of Health and Child Care to consult the President and act in conformity with any directives the President might give him when publishing orders in the Gazette enacting measures, including lock-down, to deal with the COVID-19 pandemic.
See the consolidated version, produced by Veritas, of the Principal Regulations - as amended up to and including amendments made by SI 82/2020; SI 98/2020; SI 103/2020; SI 134/2020: http://www.veritaszim.net/node/4253.
Applies to Amendments to the Public Health Published in the Supplement See the consolidated version of amendments to the Principal Order, multiple sectors (COVID19 Prevention, Containment and to the Zimbabwean produced by Veritas - as amended up to and including amendments Treatment) (National Lockdown) Order, Government Gazette made by SI 84/2020; SI 86/2020; SI 93/2020; SI 94/2020; SI 99/2020; SI 2020, published in Statutory Instrument Extraordinary on various 101/2020; SI 102/2020; SI 110/2020; SI 115/2020; SI 136/2020; SI No. 83 of 2020 (the “Principal Order”) dates. 144/2020; SI 153/2020; SI 160/2020: http://www.veritaszim.net/node/4293. 26
Zimbabwe
sector measure effective date/status key points and impact Property Amendments to the Presidential Powers Published in the Supplement The Presidential Powers (Temporary Measures) (Deferral of Rent and (Temporary Measures) (Deferral of Rent to the Zimbabwean Mortgage Payments During National Lockdown) (Amendment) and Mortgage Payments During National Government Gazette Regulations, 2020 (No. 2), Statutory Instrument No. 135 of 2020, Lockdown) Regulations, 2020, Statutory Extraordinary on various published in the Supplement to the Zimbabwean Government Gazette Instrument No. 96 of 2020 (the “Principal dates. Extraordinary on 12 June 2020, terminate the right to defer rentals and Regulations”) mortgage repayments with effect from 30 June 2020, from which date full payment of rentals and mortgage repayments together with triggered payments of deferred rentals and mortgage repayments shall be made in accordance with these Regulations.
See the consolidated version of amendments to the Principal Regulations, produced by Veritas - as amended up to and including amendments made by SI 97/2020 and SI 135/2020: http://www.veritaszim.net/node/4254.
* This a non-exhaustive list of recent regulatory measures aimed at mitigating the impact of COVID-19. Please note that the COVID-19 measures may be subject to amendments made prior to publication of this Issue. legislation 28
Angola
sector legislation effective date/status key points and impact Mining Presidential Decree No. 143/20 (Mining Effective from 26 May 2020. The Presidential Decree: Sector Governance Model) of 26 May • approves the Governance Model of the Mining Sector, with the 2020 general oversight of the Ministry of Mineral Resources, Petroleum and Gas; and • regulates the principles of the Governance Model, the institutions that integrate it, as well as the institutional positions of Endiama E.P. and Sodiam E.P.
Oil and gas Presidential Decree No. 145/20 Effective from 26 May 2020. The Presidential Decree amends Article 5(3) (relations with creditors) (Amendment of the Regime of the and Article 48 (legal-labour regime, staff, and organisation chart) of National Agency of Petroleum, Gas and Presidential Decree No. 1/20 of 6 January 2020 amending Presidential Biofuels) of 26 May 2020 Decree No. 49/19 of 6 February 2019, which establishes the National Agency for Oil, Gas and Biofuels.
Construction and Presidential Decree No. 146/20 Effective from 27 May 2020. The Presidential Decree: engineering (Regulation on the Activities of Civil • repeals Presidential Decree No. 63/16 of 29 March 2016, which Construction and Public Works Activities, approved the previous regulation; Projects and Supervision) of 27 May 2020 • regulates civil construction, public works activities, projects and supervision; • applies to natural or legal persons carrying out such activities; • defines the requirements for registration of titles or permits to be granted by municipal administrations of provincial governments or the Regulatory Institute of Civil Construction and Public Works (“IRCCOP”); • sets out the obligations of the licensing entities; and • sets out the supervision, suspension and cancellation of activities, fees, and sanctions. 29
Angola
sector legislation effective date/status key points and impact Trade Presidential Decree No. 155/20 Effective from 1 June 2020. The Presidential Decree: (Regulation on Import, Trade and • repeals Presidential Decree No. 62/14 of 12 March 2014, which Technical Assistance for Road Equipment approved the previous regulation and Presidential Decree No. Activities) of 1 June 2020 161/18 of 5 July 2018, which amended the Regulation on the Import, Trade and Technical Assistance for Road Equipment Activities; and • regulates, inter alia: • the scope and conditions of undertaking import, trade and technical assistance for road equipment activities; • the issuance of an import certificate; • the import of road equipment; and • the supervision and sanctioning regime.
Corporate / Executive Decree No. 168/20 (Regulation Effective from 1 June 2020. The Executive Decree: Commercial of Procedures for the Online Registration • repeals all legislation contrary to the provisions of this Executive and Publication of Acts Relating to Decree; Commercial Companies) of 1 June 2020 • applies to commercial companies incorporated online, with the exception of acts that require Public Deed; • regulates the requirements for the online application and issuance and amendment of certain documents; and • provides that the online portal for the constitution and registration of commercial companies is managed by the one-stop shop (Guichet Único da Empresa). 30
Angola
sector legislation effective date/status key points and impact Industry and Presidential Decree No. 157/20 of 3 June Effective from 3 June 2020. The Presidential Decree: commerce 2020 • repeals Presidential Decree No. 38/18 of 9 February 2018, which approved the Organic Statute of the Ministry of Commerce (“MINCO”), Presidential Decree No. 42/18 of 12 February 2018, which approved the Organic Statute of the MINCO, and Presidential Decree No. 42/18 of 12 February 2018, which approved the Organic Statute of the Ministry of Industry (“MIND”); and • approves the Organic Statute of the Ministry of Industry and Commerce (“MINDCOM”), responsible for proposing, formulating, executing, evaluating, controlling and supervising the executive's policies in the fields of manufacturing, industrial services, trade, market services and rural trade.
Oil and gas Presidential Decree No. 159/20 of 4 June Effective from 4 June 2020. The Presidential Decree: 2020 • repeals Presidential Decree No. 12/18 of 15 January 2018, which approved the previous Organic Statute, and all legislation contrary to its provisions; and • approves the Organic Statute of the Ministry of Mineral Resources, Oil and Gas (“MIREMPET”), responsible for the formulation, implementation and control of the Executive's policy on geological and mineral activities, oil, gas and biofuels, namely in the prospection, research, development and production of minerals, crude oil and gas, in refining, petrochemicals, storage, distribution and marketing of mineral and petroleum products, as well as the production and marketing of biofuels. 31
Angola
sector legislation effective date/status key points and impact Infrastructure Presidential Decree No. 160/20 of 4 June Effective from 4 June 2020. The Presidential Decree: 2020 • repeals Presidential Decree No. 320/14 of 1 December 2014, which approved the previous Organic Statute and repeals all legislation contrary to the provisions of this Presidential Decree; and • approves the Organic Statute of the Angolan Highways Institute (“INEA”), a legal person governed by public law, endowed with administrative, financial and patrimonial autonomy, whose task is to promote and coordinate the development of road infrastructure projects.
Natural resources Presidential Decree No. 161/20 (National Effective from 5 June 2020. The Presidential Decree: Agency for Mineral Resources) of 5 June • revokes Presidential Decree No. 228/15 of 29 December 2015, 2020 which approved the Organic Statute of the National Iron Company of Angola (“FERRANGOL EP”) and derogates from Presidential Decree No. 149/17 of 4 July 2017, which approves the Organic Statute of the National Diamond Company of Angola (“ENDIAMA EP”), in part concerning mining rights; and • provides for the creation of the National Agency for Mineral Resources (“ANRM”), a legal person governed by public law, with the objective of regulating, supervising and promoting the mining sector of Angola and responsible for the guidelines for the participation of the sector's operators in the prospecting, exploration, treatment, commercialisation, export and import of mineral products, as well as for the regulation and inspection of mineral activities of the country. 32
Angola
sector legislation effective date/status key points and impact Immigration Presidential Decree No. 163/20 Effective from 8 June 2020. The Presidential Decree: (Regulation of the Law on the Legal • repeals Presidential Decree No. 108/11 of 25 May 2011, which Regime of Foreign Citizens in the approved the previous Regulation, Presidential Decree No. 151/17 Republic of Angola) of 8 June 2020 of 4 July 2017, which amended the Regulation on the Legal Regime Of Foreign Citizens, and all legislation contrary to the provisions of this Presidential Decree; and • regulates the rules and conditions of entry into and exit from the national territory, visas granted in Angola, visa processing, residence permits, and violations.
Corporate / Presidential Decree No. 167/20 (Single Effective from 15 June 2020. The Presidential Decree: Commercial Investment Window) of 15 June 2020 • facilitates the process of private investment and creates a single contact mechanism for investors; • creates the Single Investment Window (“JUI”), an investment facilitation mechanism, through which the Agency for Private Investment and Export Promotion (“AIPEX”) obtains the necessary authorisations and services to implement investment projects on behalf of the investor in a simplified manner; and • promotes the simplification and reduction of investment procedures.
Telecommunications Executive Decree No. 166/20 of 12 June Effective from 12 June 2020. The Executive Decree: 2020 • repeals the Presidential Decree No. 16/18 of 25 January 2018, which approves the Organic Statute of the Ministry of Telecommunications and Technology Information agencies, Presidential Decree No. 67/18 of 5 March 2018, which approves the Organic Statute of the Ministry of Social Communication, and Presidential Decree No. 192/12 of 27 August 2012, which created the Technical Management Unit of the Angola Media Library (“REMA”); and 33
Angola
sector legislation effective date/status key points and impact Telecommunications Executive Decree No. 166/20 of 12 Effective from 12 June 2020. • approves the Organic Statute of the Ministry of June 2020 … Continued Telecommunications, Information Technologies and Social Communication (“MINTTICS”), whose mission is to propose the formulation and execution of policy in the fields of telecommunications, information technologies, postal services, meteorology and geophysics, social communication and advertising, as well as structuring the general lines, norms and standards of institutional communication to be carried out by various Ministerial Departments. 34
Cabo Verde
sector legislation effective date/status key points and impact Maritime Legislative Decree No. 3/2020 Effective from 27 June 2020. The Legislative Decree: (Amendment and Derogation from the • amends the Maritime Code, approved by Legislative Decree No. Maritime Code) of 28 May 2020 14/2010 of 15 November 2010, with regard to the mandatory subscription of liability insurance and/or protection and indemnity (“P&I”) insurance; • derogates from the previous provision on civil liability of the ship owner; and • adds new provisions relating to the responsibilities of owners, liability for the acts of managers and the legal representation of the ship owners.
Transport Regulatory Decree No. 7/2020 (Regulation Effective from 4 July 2020. The Regulatory Decree: of Vehicles Authorised to Circulate) of 4 • repeals Decree-Law No. 33/2014 (Amendment of the Road Code June 2020 Motor vehicle owners must Regulation) of 27 June 2014, Decree-Law No. 13/2017 (Amendment comply with this Regulatory of the Road Code Regulation) of 24 March 2017, Articles 15 to 49 of Decree within 90 days of its Ordinance No. 40/97 (Road Code Regulation) of 3 July 1997, entry into force. Ordinance No. 15/2001 of 14 May 2001, Ordinance No. 16/2001 (Amendment of the Road Code Regulation) of 14 May 2001, and Ordinance No. 27/2002 of 26 August 2002; • applies to all vehicles driven in Cabo Verde, except vehicles belonging to the Armed Forces; • regulates the systems, components and accessories, brands and models, dimensions and maximum weights of vehicles; and • regulates the inspection regime for vehicles operating in Cabo Verde, abbreviated as the Regulation of Vehicles Authorised to Circulate (“RVAC”). 35
Cabo Verde
sector legislation effective date/status key points and impact Immigration Decree-Law No. 52/2020 (Amendment of Effective from 11 June 2020. The Decree-Law: the Regime for Residence Permits of • amends Decree-Law No. 20/2014 of 17 March; and Foreigners) of 10 June 2020 • approves the new identification document of resident foreigners.
Corporate / Law No. 91/IX/2020 (Basis of the Legal Effective from 20 June 2020. The Law lays the foundations of the legal regime for the creation, Commercial Regime for Special Economic Zones organisation, development and functioning of the EEZ, which may cover (“EEZ”) of 19 June 2020 an island, a set of islands, or a geographically delimited area on an island. 36
Equatorial Guinea
sector legislation effective date/status key points and impact Oil and gas Regulation No. 2/2020 (Regulations on Published on 23 June 2020 The Regulations: Petroleum Operations) of 15 June 2020 by the Ministry of Mines and • without prejudice to the terms and provisions of contracts and Hydrocarbons (“MMH”). licenses, apply to all contractors, licensees and their associates; • sets new rules on the award and performance of contracts for mature fields, marginal fields, and deep water and ultra-deep ventures; • establish a regime for onshore exploration and production; • set requirements for petrochemical activities; and • cross-reference Ministerial Order No. 1/2020 of 13 April 2020, which limits employment of expatriates to a maximum of a three- year period. 37
Kenya
sector legislation effective date/status key points and impact Agriculture The Crops (Sugar) (General) Regulations, Published in the Kenya The Regulations: 2020, Legal Notice No. 99 Gazette Supplement No. 84, • provide for the registration of umbrella millers’ associations, Legislative Supplement No. growers, out-growers’ institutions, and umbrella out-growers’ 58 of 27 May 2020. institutions, as well as revocation and suspension of registration; and • provide for the following agreements, including the registration thereof: • the harvesting of sugarcane; • transportation of sugarcane; • between growers and millers; • between registered out-growers’ institutions and growers; and • between registered out-growers’ institutions and millers; • require a miller and an out-growers' institution to develop, in consultation with the growers, and submit a sugarcane development plan to the Agriculture and Food Authority and the respective County Government for the purpose of facilitating economic harvesting and transportation; and • provides for the establishment of a Sugarcane Pricing Committee, its composition, objective and functions.
Applies to Finance Act, 2020 Assented to on 30 June The Act: multiple sectors 2020. Various dates of • amends various laws, including: commencement • the Income Tax Act (Cap 470); anticipated. • the Value Added Tax Act, 2013; • the Excise Duty Act, 2015; • the Tax Procedures Act, 2015; 38
Kenya
sector legislation effective date/status key points and impact Applies to Finance Act, 2020 … Continued Assented to on 30 June • the Miscellaneous Fees and Levies Act, 2016; multiple sectors 2020. Various dates of • the Tax Appeals Tribunal Act, 2013; commencement • the Kenya Revenue Authority Act, 1995; and anticipated. • the Insolvency Act, 2015. 39
Lesotho
sector legislation effective date/status key points and impact Corporate / Trading Enterprises (Amendment) Published in the Lesotho The Regulations: Commercial Regulations, 2020, Legal Notice No. 24 of Government Gazette, • inserts the following businesses in the list of reserved licences, 2020 Volume 65, No. 23 of 27 which shall not be issued or transferred to foreign enterprises: March 2020. • international road freight transport and logistics; • road transport and logistics; • motor dealer; • real estate agent; • clearing agent; and • warehousing activities; • provides that licenses issued before the coming into operation of these regulations to a foreign enterprise to carry on any of the business activities listed above shall remain in force until the expiry of the licence; and • sets out the requirements and conditions for licences issued for the above-listed businesses.
Public sector Appointment of Prime Minister, Legal Published in the Lesotho The Legal Notice announces the appointment of Dr Moeketsi Majoro as Notice No. 45 of 2020 Government Gazette, Prime Minister of Lesotho. Volume 65, No. 44 of 19 May 2020. 40
Mozambique
sector legislation effective date/status key points and impact Natural resources Decree No. 25/2020 of 5 May 2020 Effective from 5 May 2020. The Decree suspends, for a period of two years, the processing of applications for timber exploration areas under a Simple License regime, established in Article 4 of Decree No. 30/2012 of 1 August 2012, as well as under a Forest Concession regime, established in Article 27 of the Bravia Forest and Fauna Law Regulation, approved by Decree No. 12/2002 of 6 June 2002.
Tax Law No. 5/2020 (Amendment of the Value Effective from 29 May 2020. The Law: Added Tax Code) of 29 May 2020 • amends Law No. 32/2007 (Value Added Tax Code) of 31 December 2007 and Law No. 13/2016 (Amendment and Republication of the Value Added Tax Code) of 30 December 2016 by extending exemption from value-added tax (“VAT”), until 31 December 2020, of certain goods and services, including: • sugar; • raw materials, intermediate products, parts, equipment and components by the national sugar industry; • food oils and soaps; • goods resulting from the production of food oil and soaps; • goods to be used as raw material in the oil and soap industry; and • goods and services carried out in the context of sugarcane production. 41
Namibia
sector legislation effective date/status key points and impact Energy Non-Ionising Radiation Regulations: Published in Gazette Issue The Regulations: Atomic Energy and Radiation Protection No. 7228 of 4 June 2020. • apply to non-ionising radiation sources, including specified Act, 2005, Government Notice No. 126 telecommunications and broadcasting installations, specified medical applications, ultraviolet (“UV”) sun lamps and high power lasers; • are aimed at protecting members of the public and workers from adverse health effects arising from exposure to non-ionising radiation in the living or working environment; • set non-ionising radiation exposure limits for members of the public and workers in order to protect them from the known adverse health effects of non-ionising radiation; and • provide for application for the registration of a non-ionising radiation source, application for a licence, non-ionising radiation exposure limits, public exposure protection and occupational exposure protection. Tax Promulgation of Income Tax Amendment Effective from 22 June 2020. The Act amends the Income Tax Act 1981 so as to repeal certain Act No. 2 of 2020, Government Notice No. existing preferential treatment granted in respect of certain 144 Published in Gazette Issue manufacturers and goods for the purposes of phasing out tax No. 7249 of 22 June 2020. exemptions pertaining to certain traders only.
Corporate / Municipal Council of Keetmanshoop: Published in Gazette Issue The Regulations set out the authorisation requirements and conditions, Commercial Business Registration Regulations: Local No. 7252 of 23 June 2020. as well as the obligations for conducting business in the local authority Authorities Act, 1992, General Notice No. area of Keetmanshoop. 241 42
Namibia
sector legislation effective date/status key points and impact Transport Amendment of General Notice No. 70 of Effective from 1 July 2020. The General Notice: 30 March 2007: Imposition of Road User • amends the Schedule to General Notice No. 70 of 30 March 2007, as Charges: Road Fund Administration Act, Published in Gazette Issue amended, in relation to: 1999, General Notice No. 243 No. 7253 of 26 June 2020. • entry fees on every foreign vehicle that temporarily enters Namibia; • registration and license fees in respect of motor vehicles registered in Namibia; • travelling distance charges; and • abnormal load charges. 43
Rwanda
sector legislation effective date/status key points and impact Agriculture Ministerial Instructions No. 29 of Effective from the date of The Instructions: 03/06/2020 Relating to Trade of signature on 3 June 2020. • repeal all prior provisions of instructions contrary to these Agricultural Commodities Instructions; Published in the Official • provide guidelines for improvement and fair practice of the trade in Gazette of the Republic of agricultural commodities; and Rwanda No. Special of 4 • apply to cooperatives and companies involved in trading of June 2020. agricultural commodities.
Natural resources Prime Minister’s Order No. 062/03 of Effective from 28 January The Order: 06/06/2020 Determining Supervising 2020. • repeals all prior provisions contrary to this Order; and Authority of Rwanda Water Resources • provides that the Prime Minister’s Office supervises the Rwanda Board Published in the Official Water Resources Board. Gazette of the Republic of Rwanda No. Special of 6 June 2020.
Banking / Finance Regulation No. 32/2020 of 08/06/2020 Effective from its publication The Regulation: Determining Administrative Sanctions in the Official Gazette of the • repeals all provisions of regulations contrary to this Regulation; Applicable to Financial Institution for Non- Republic of Rwanda No. 18 • determines administrative sanctions applicable to a financial Compliance With the Prevention of of 22 June 2020. institution, its board members and its senior managers for violations Money Laundering, Financing Terrorism defined in this regulation; and Financing of Proliferation of Weapons • imposes administrative sanctions upon: of Mass Destruction Requirements • inspection of the financial institution and observance of contraventions by the National Bank of Rwanda (“Central Bank”) inspectors; or • recommendation of the relevant authority; 44
Rwanda
sector legislation effective date/status key points and impact Banking / Finance Regulation No. 32/2020 of 08/06/2020 Effective from its publication • sets out sanctions that the Central Bank may impose against a Determining Administrative Sanctions in the Official Gazette of the financial institution that violates or fails to comply with the Applicable to Financial Institution for Non- Republic of Rwanda No. 18 provisions of laws, regulations, directives or decisions of the Central Compliance With the Prevention of of 22 June 2020. Bank or Financial Intelligence Centre regarding anti-money Money Laundering, Financing Terrorism laundering, combatting the financing of terrorism and financing of and Financing of Proliferation of Weapons proliferation of weapons of mass destruction; of Mass Destruction Requirements … • provides for recourse against a sanction; and Continued • provides for the imposition of administrative fines by the Central Bank and recovery of administrative fines.
Banking / Finance Regulation No. 33/2020 of 08/06/2020 Effective from its publication The Regulation: Governing Mortgage Refinance in the Official Gazette of the • repeals any provisions contrary to this Regulation; Companies Republic of Rwanda No. 18 • aims at: of 22 June 2020. • promoting sustainable mortgage refinance businesses; and • setting regulatory requirements for mortgage refinance companies; • applies to any company engaged in mortgage refinance business; • provides licensing requirements and activities of a mortgage financing company; • provides for governance and risk management of a mortgage refinance company; • sets out prudential requirements; and • provides for supervision of a mortgage refinance company by the National Bank of Rwanda and external audit of a mortgage refinancing company. 45
Rwanda
sector legislation effective date/status key points and impact Insurance Regulation No. 34/2020 of 08/06/2020 Effective from its publication The Regulation: Governing Change in Shareholding, in the Official Gazette of the • repeals Regulation No. 14/2011 Relating to Mergers and Amalgamation and Transfer of Portfolio of Republic of Rwanda No. 18 Acquisitions of Insurance Companies and any other prior provisions Insurers and Reinsurers of 22 June 2020. contrary to this Regulation; • aims at establishing requirements under which the National Bank of Rwanda (the “Regulator”) may authorise transactions related to shareholding, portfolio transfer, amalgamation and demutualisation with a view to ensuring the orderly transfer of insurance business; • applies to licensed insurers and reinsurers; • sets out: • activities that a licensed insurer or a reinsurer shall not undertake without prior approval of the Regulator; • requirements for the increase and acquisition of shares in an insurer or reinsurer; and • amalgamation, portfolio transfer and demutualisation; and • allows the Regulator to apply any relevant sanctions established under the law governing the organisation of insurance business and its implementing Regulations where an insurer is in violation of this Regulation. 46
Uganda
sector legislation effective date/status key points and impact Infrastructure Physical Planning (Amendment) Act, 2020 Published in the Uganda The Act: Gazette No. 3, Volume CXIII • amends the Physical Planning Act, 2010 so as to: of 10 January 2020. • provide for the functions and powers of the Board; • establish a secretariat for the Board; • provide for the appointment of the Executive Director and staff of the Board; • streamline the composition of physical planning committees; and • provide for offences and deterrent penalties for contravention of the Act.
Tax Income Tax (Rental Rates) Regulations, Published in the Uganda The Regulations: 2020, Statutory Instrument No. 42 Gazette No. 15, Volume • apply to: CXIII of 13 March 2020. • a taxpayer who fails to file a return in accordance with the Income Tax Act, Cap. 340; and • a taxpayer whose return is contested by the Commissioner; and • set rental income rates for property rented out for residential purposes, commercial purposes, and for purposes of providing office space in the areas specified in the Regulations.
Transport Traffic and Road Safety Act, 1998 Effective from 22 May 2020. The Act: (Amendment) Act, 2020 • amends the Traffic and Road Safety Act, 1998, Cap. 361 so as to: Published in the Uganda • strengthen road transport regulation and road safety Gazette No. 32, Volume management; CXIII of 22 May 2020. • abolish the Transport Licensing Board and the National Road Safety Council; • repeal sections relating to road licences; 47
Uganda
sector legislation effective date/status key points and impact Transport Traffic and Road Safety Act, 1998 Effective from 22 May 2020. • revise offences and penalties to take into account inflation; (Amendment) Act, 2020 … Continued and Published in the Uganda • provide for: Gazette No. 32, Volume • a graduated driver licensing system; CXIII of 22 May 2020. • a driver’s licence valid for a period of five years; • a new lapsing period of driving licences; • the licensing and regulation of a special category of transport network companies using online digital platforms for the provision of passenger and goods services; • conditions of market entry, oversight and exit in public transport services in Uganda; and • a demerit point system.
Telecommunications Ministry of Information and Effective from 1 July 2020. The set of Regulations provide for a new licensing framework for Communications Technology and telecommunications operators and the regulation of previously National Guidance (“MICT”) set of unregulated areas. regulations Please refer to the ENSafrica ENSight for further detail. 48
Zambia
sector legislation effective date/status key points and impact Agriculture The Control of Goods (Import and Export) Effective from 29 May 2020. The Order: (Agriculture) (Amendment) Order, • provides that the Permanent Secretary in the Ministry of Agriculture Statutory Instrument No. 53 of 2020 may issue a permit authorising, subject to the provisions of this Order and of any other written law, the export from Zambia of any goods listed in the Third Schedule of the Order; on such terms and conditions as may be specified in, or attached to, the permit on payment of a fee set out in the Schedule; and • sets a fee of 350 fee units per 30 metric tonnes for an import and export permit.
Energy Electricity (Common Carrier) (Declaration) Effective from 29 May 2020. The Regulations provide that all transmission and distribution lines Regulations, Statutory Instrument No. 57 operated by the Copperbelt Energy Corporation shall be a common of 2020 carrier for the purposes of the Electricity Act and be used on the terms and conditions determined by the Energy Regulation Board. 49
Zimbabwe
sector legislation effective date/status key points and impact Tax Revenue Authority (Reward for Published in the Supplement The Regulations set out the conditions for reward for the submission of Information) (General) Regulations, 2020, to the Zimbabwean information regarding violations of any of the specified acts Statutory Instrument No. 150 of 2020 Government Gazette administered by the Zimbabwe Revenue Authority including Extraordinary on 26 June underpayment or non-payment of tax or customs duty. 2020. other instruments 51
Angola
sector instrument effective date/status key points and impact Natural resources Notice No. 13/20 (Diamond Sector Effective from 28 June 2020, The Notice: Exchange Regime) of 29 May 2020 issued by the National Bank • repeals Notice No. 2/03 of 28 February 2003, which established the of Angola. previous exchange regime, as well as all regulations contrary to the provisions of this Notice; and • lays down the exchange rate regime applicable to the diamond sector, in particular, to entities operating stoning and/or any type of diamond processing, marketing, the sale of diamonds to foreign buyers, the purchase and sale of diamonds in the domestic market, opening and handling of bank accounts, the contracting of financing abroad, acquisition of goods and services in the domestic and international market, capital transactions and transfers of profits and dividends. 52
Ghana
sector instrument effective date/status key points and impact Capital markets Directive No. SEC/GUI/003/05/2020: Effective from the date of The Guidelines: Guidelines on Holding of Electronic or issue and shall remain in • are issued by the SEC to allow Issuers and other Capital Market Virtual Annual General Meetings by force until otherwise Operators to hold electronic or virtual Annual General Meetings Issuers and Other Capital Market revised, varied, amended or (“AGMs”); Operators revoked. • are issued in addition to the Guidelines by the Registrar-General Department, dated 14 May 2020, on the holding of Virtual Annual Published on 22 May 2020 General Meetings of Companies contained in the Companies by the Securities and Bulletin No. 1 of 2020; Exchange Commission (the • allow Issuers and other Capital Market Operators to hold AGMs via “SEC”). technology that allows members to participate remotely by online or other electronic means; • may be integrated with the traditional or normal physical face-to- face AGM elements to produce hybrid AGMs as may become necessary in the future; and • provide for: • technology medium, platform or system requirements for electronic or virtual AGMs; • events prior to AGMs; and • conduct and procedure during electronic or virtual AGMs.
Capital markets Circular No. SEC/CIR/004/06/2020: Issued on 26 June 2020 by The Circular: Circular to All Anti-Money Laundering the Securities and Exchange • requests all anti-money laundering reporting officers (“AMLROs”) of Reporting Officers of Capital Market Commission (the “SEC”). capital market operators to visit the SEC’s website under Market Operators Information, download, complete, and submit the following documents electronically to the Audit and Risk Management Department ([email protected]), by close of business on Thursday, 30 July 2020: • SEC Risk Management Questionnaire June 2020; 53
Ghana
sector instrument effective date/status key points and impact Capital markets Circular No. SEC/CIR/004/06/2020: Issued on 26 June 2020 by • SEC Data Capture Questionnaire June 2020; and Circular to All Anti-Money Laundering the Securities and Exchange • AML-CFT Onsite Supervision Form June 2020; and Reporting Officers of Capital Market Commission (the “SEC”). • provides that this exercise will be repeated at the end of every six Operators … Continued months and returns should be submitted to the SEC by 31 July in the year and 31 January in the following year. 54
Kenya
sector instrument effective date/status key points and impact Tax Public Notice: Draft Value Added Tax Issued on 29 May 2020 by The Public Notice: (Digital Marketplace Supply) Regulations, the Kenya Revenue • announced the publication of the draft Value Added Tax (Digital 2020 Authority (“KRA”). Marketplace Supply) Regulations, 2020, which, inter alia: • provides that value-added tax (“VAT”) shall be charged on taxable services supplied in Kenya through digital marketplace; • defines the scope of taxable supplies; • provides instances where a person supplying taxable services through a digital marketplace is required to register for VAT; • requires a digital marketplace supplier who is from an export country to register under the simplified VAT registration framework; • determines instances when a digital marketplace supply will be deemed to have been made in Kenya; and • provides that a person who fails to comply with the provisions of these Regulations shall, in addition to the penalties prescribed under the Value Added Tax Act, 2013, be liable to restriction of access to the digital marketplace in Kenya until such obligations are fulfilled.
Tax Public Notice: Compliance Checks on Tax Issued on 19 June 2020 by The Public Notice: Returns the Kenya Revenue • informs taxpayers that the KRA is undertaking comprehensive Authority (“KRA”). compliance checks on all taxpayers in accordance with mandate granted under various laws Including the relevant provisions of the Constitution of Kenya, 2010, the Tax Procedures Act 2015, the Income Tax Act (CAP 470), the Excise Duty Act 2015, the East African Community Customs and Management Act (“EACCMA”) 2004; and 55
Kenya
sector instrument effective date/status key points and impact Tax Public Notice: Compliance Checks on Tax Issued on 19 June 2020 by • provides that the compliance checks may cover issues on individual Returns … Continued the Kenya Revenue income tax (individuals or corporate companies), value-added tax, Authority (“KRA”). and customs duty, excise, PAYE, withholding and other taxes administered by the KRA. 56
Mauritius
sector instrument effective date/status key points and impact Financial Guidance Notes No. 3: Security Token Issued on 15 June 2020 by The Guidance Notes: technology Offerings and Security Token Trading the Financial Services • provide for the implementation of a common set of standards for Systems Commission (“FSC”). Security Token Offerings (“STO”) and the licensing of Security Token Trading Systems in Mauritius; • highlight the requirements to comply with Anti-Money Laundering and Combating the Financing of Terrorism (“AML/CFT”) laws and codes, data protection laws, as well as on the implementation of good market practice for an efficient, transparent and integrated financial market; • should be read together with the relevant Acts as well as guidelines and Circulars issued by the FSC; and • provide that breaches of the Guidance Notes may entail regulatory sanctions. In addition, the FSC may direct any licensee to comply with the Guidance Note or any part of thereof and failure to do so shall constitute a contravention of the law and may lead to prosecution.
Finance Financial Services Commission (“FSC”) Approved by the Board of The Enforcement Manual: Enforcement Manual the FSC on 2 June 2020 and • is issued with the intent of increasing transparency, certainty, and issued on 12 June 2020. consistency, and, more generally, to promote the rule-of-law principles that underpin all of the FSC’s enforcement actions; • provides an overview of the FSC’s approach to enforcement and the exercise of its enforcement powers; and • sets out general policies and procedures which the FSC uses as guidance in detecting, investigating, and taking actions in cases where the relevant laws and /or any other relevant guidelines have been breached. 57
Mauritius
sector instrument effective date/status key points and impact Tax Communiqué: Double Taxation Avoidance Issued on 26 June by the The Communiqué: Convention Between Mauritius and Ministry of Finance, • provides that the Protocol amending the Double Taxation Avoidance Botswana and Double Taxation Avoidance Economic Planning and Convention signed between Mauritius and Botswana has come into Agreement Between Mauritius and Development. operation on 27 February 2020; and Turkey • provides that Mauritius has started discussions on a Double Taxation Avoidance Agreement with Turkey on 25 June 2020. 58
Mozambique
sector instrument effective date/status key points and impact Banking / Finance Notice No. 5/GBM/2020 of 19 May 2020 Effective from 19 May 2020. The Notice: Issued by the Bank of • applies to credit institutions and financial corporations such as Mozambique banks, microbanks, credit unions, electronic money institutions, investment companies, leasing companies and exchange offices; and • regulates procedures for the capture, sending, validation, storage and electronic archiving of geographical coordinates of access points to financial services. 59
Namibia
sector instrument effective date/status key points and impact Banking / Finance Directive No. 1 of 2020: Insurance Brokers Effective from 30 April 2020. The Directive: and the Insurer’s Compliance with the • is intended to avert the possible combatting money laundering Financial Intelligence Act, 2012 and (“ML”) / terrorism financing (“TF”) or proliferation financing (“PF”) Subordinate Instruments emerging risk as a result of non-compliance with Customer Due Diligence (“CDD”) and/or Enhanced Due Diligence (“EDD”) requirements when insurance brokers sell insurance products to the public; • applies to: • insurers whose products are sold through independent intermediary insurance brokers; and • insurance brokers when representing the interest of the clients during the brokering/selling of insurance products; • is not applicable to insurance agents as they are annexed intermediaries (not independent intermediaries) and they are directly controlled by insurers; • provides that insurance brokers that are rendering investment advice are regarded as Accountable Institutions (“AIs”) in terms of item 9 to Schedule 1 of the Financial Intelligence Act No. 13 of 2012 (as amended) (“FIA”), and they have full obligations under the FIA and are hereby directed to put measures in place in order to mitigate ML, TF and PF risks; • directs insurance brokers that are part of the distribution channels of insurers when selling insurance products to the public to: • comply with identification and verification requirements of the FIA; • keep records of all information and documents gathered during the identification and verification process; and 60
Namibia
sector instrument effective date/status key points and impact Banking / Finance Directive No. 1 of 2020: Insurance Brokers Effective from 30 April 2020. • inform the Financial Intelligence Centre (“FIC”) of any and the Insurer’s Compliance with the insurer that is not compliant with their FIA identification Financial Intelligence Act, 2012 and and verification obligations; Subordinate Instruments … Continued • provides further direction for purposes of implementing the Directives; and • provides that anyone who contravenes or fails to comply with this Directive commits an offence and is liable to a fine not exceeding NAD100-million or, where the commission of the offence is attributable to a representative of a legal person, to such fine or imprisonment for a period not exceeding 30 years, or to both such fine and such imprisonment.
Banking / Finance Directive No. 2 of 2020: Politically Effective from 30 April 2020. The Directive: Exposed Persons (“PEPs”) • is issued in terms of Sections 9(2)(e) & (g) of the Financial Intelligence Act No. 13 of 2012 (as amended) (“FIA”); • is issued to address the requirements related to the treatment of Politically Exposed Persons (“PEPs”); • applies to all Accountable Institutions (“AIs”) and Reportable Institutions (“RIs”); • provides direction on the treatment of foreign and domestic PEPs, family members and known close associates of PEPs, and persons / entities affiliated to a PEPs; and • provides that an AI or RI who contravenes or fails to comply with this Directive commits an offence and is liable to a fine not exceeding NAD100-million or, where the commission of the offence is attributable to a representative of the AI or RI, to such fine or imprisonment for a period not exceeding 30 years, or to both such fine and such imprisonment. 61
Namibia
sector instrument effective date/status key points and impact Labour / Media Release: 14th Labour Advisory Issued on 19 May 2020 by The Media Release: Employment Council inauguration the Ministry of Labour, • announces the appointment of the 14th Labour Advisory Council Industrial Relations and (“LAC”) for a period of three years, effective from 1 March 2020 to Employment Creation. 28 February 2023; • provides for the functions and composition of the LAC; and • lists the members of the LAC. 62
Nigeria
sector instrument effective date/status key points and impact Tax Value Added Tax (Modification Order), Effective from 3 February The Order: 2020 2020. • modifies and expands the list of goods and services exempted from value-added tax (“VAT”) in the First Schedule to the Value Added Published by the Minister of Tax Act; and Finance, Budget and • defines some of the VAT exempt items listed in the First Schedule of National Planning. the VAT Act.
Banking / Finance Guidelines on Operations of Electronic Published on 31 May 2020 The Guidelines: Payment Channels in Nigeria by the Central Bank of • supersede the Guidelines on Operations of Electronic Payment Nigeria (“CBN”). Channels in Nigeria (2016), issued by the CBN; and • outline specific guidelines on: • automated teller machine (“ATM”) operations; • point of sale (“POS”) card acceptance services; • mobile point of sale (“mPOS”) acceptance services; and • web acceptance services.
Tax Public Notice: Federal Inland Revenue Published on 2 June 2020 by The Public Notice: Service (“FIRS”) Resumes Field Audit, the FIRS. • provides that the FIRS will resume audit, investigation and Investigation and Monitoring Exercises monitoring exercises suspended earlier as part of the measures to cushion the effects of the COVID-19 pandemic; and • provides that activities will resume in phases as follows: • Phase I: immediate continuation of reconciliation of findings/liabilities arising as a result of desk reviews, monitoring visits, tax audit and tax investigation; and • Phase II: field visits in respect of monitoring, tax audit and tax investigation will resume effective from 30 June 2020. 63
Nigeria
sector instrument effective date/status key points and impact Tax Public Notice: Language of Record- Published on 2 June 2020 by The Public Notice: Keeping by Taxpayers the Federal Inland Revenue • directs every company doing business in Nigeria to keep records and Service (“FIRS”). report all its transactions for tax purposes in English language; and • provides that failure to comply with the directive shall attract sanctions in line with the extant laws.
Applies to Press Release: Standards Organisation of Published on 19 June 2020 The Press Release: multiple sectors Nigeria (“SON”) Approves 168 New by the SON. • provides that the SON Governing Council has approved: Standards, National Standardisation • 168 new Nigerian Industrial Standards for publication and Strategy dissemination to various sectors of the Nation’s economy in furtherance of the Federal Government’s economic diversification policy; and • the first ever Nigerian National Standardisation Strategy (“NNSS”) 2020-2022, developed by SON to identify priority areas to focus on, based on national needs assessment; and • provides that the Standards, which would be published promptly, cut across various products and services.
Capital markets Notice: New Rules on Collective Issued on 22 June 2020 by The Notice: Investment Schemes the Securities and Exchange • sequel to the publication of new Rules relating Collective Investment Commission (“SEC”). Schemes (“CISs”) in December 2019, provides the following clarifications to facilitate effective compliance with the new CIS Rules: • all Fund Managers of CISs are required to comply with the provisions of the new Rules and file evidence of compliance on or before 30 September 2020; 64
Nigeria
sector instrument effective date/status key points and impact Capital markets Notice: New Rules on Collective Issued on 22 June 2020 by • the application of the new total expense ratio and incentive Investment Schemes … Continued the Securities and Exchange fee computation takes effect from the beginning of Commission (“SEC”). Q3,2020, i.e. July 2020; • incentive fees should not be factored into total expense ratio computation and shall be assessable and payable on an annual basis; and • the Fund Managers Association of Nigeria (“FMAN”) shall submit acceptable benchmarks for Money Market Funds, Balanced Funds and Ethical Funds at the beginning of each year commencing Q3, 2020.
Banking / Finance Circular: Circular No. Issued on 23 June 2020 by The Circular: PSM/DIR/CON/CWO/07/011 to All the Central Bank of Nigeria • states that the CBN has published for comments the Regulatory Deposit Money Banks, Mobile Money (“CBN”). Framework For Sandbox Operations in Nigeria, which: Operators and Payment Service Providers: • details the requirements for conducts of live tests on Exposure Draft of Regulatory Framework innovative solutions, products, services, delivery channels for Sandbox Operations or business models in a controlled environment, with regulatory oversight, subject to appropriate conditions and safeguards; • defines the establishment, rules and operations of a Regulatory Sandbox for the Nigerian Payments System in order to promote effective competition, embrace new technology, encourage financial inclusion and improve customer experience; • sets out the: • objectives of the Regulatory Sandbox Operation in Nigeria; 65
Nigeria
sector instrument effective date/status key points and impact Banking / Finance Circular: Circular No. Issued on 23 June 2020 by • eligibility criteria for sandbox participants; PSM/DIR/CON/CWO/07/011 to All the Central Bank of Nigeria • application and approval requirements; Deposit Money Banks, Mobile Money (“CBN”). • responsibilities of the CBN; Operators and Payment Service Providers: • responsibilities of sandbox participants; and Exposure Draft of Regulatory Framework • positioning of customer safeguards; and for Sandbox Operations … Continued • invites stakeholders to forward their inputs on or before 15 July 2020 to [email protected].
Corporate / Public Notice: Tax Identification Number Published on 29 June 2020 The Public Notice provides that as part of the Ease of Doing Business Commercial / Tax by the Corporate Affairs Initiatives, the certificates of incorporation of companies registered Commission (“CAC”). under Part A of the Companies and Allied Matters Act will henceforth bear Tax Identification Numbers (“TIN”) issued by the Federal Inland Revenue Service (“FIRS”) to such companies. This is to dispense with the need for companies to apply for the issuance of TIN from the FIRS after incorporation.
Capital markets Notice: New Rules and Sundry Published on 1 July 2020 by The Notice: Amendments for Exposure – June 2020 the Securities and Exchange • provides the following proposed new Rules and Sundry Commission (“SEC”). amendments: • new Rules: • proposed Rules on General Rules for Collective Investment Schemes (“CIS”); • proposed Rules on Annual Supervision Fees for CIS; and • proposed Rules on Payment of Administrative Charges for Review of Supplemental Deeds and Amendments to Sundry Agreements; 66
Nigeria
sector instrument effective date/status key points and impact Capital markets Notice: New Rules and Sundry Published on 1 July 2020 by • sundry amendments: Amendments for Exposure – June 2020 … the Securities and Exchange • proposed amendment to Rule 465(d)&(e) – Continued Commission (“SEC”). Content of a Trust Deed; • proposed amendment to Rule 497- Investment by CIS in Unlisted Securities/Additional Disclosure; • proposed amendment to Rule 517 – Amount to be Underwritten and Rule 519 – Time Amount Underwritten is to be made Available; and • proposed amendment to Rule 522 – Valuation Report; and • invites stakeholders to forward comments and inputs to the Secretariat, Rules Committee of the Commission, at [email protected] or by letter addressed to the Director- General, SEC, not later than two weeks from the date of publication. 67
Rwanda
sector instrument effective date/status key points and impact Mining New Procedures for Grading and Issued on 15 May 2020 by The New Procedures: Valuation of Gemstones the Rwanda Mines, • require packages to be sealed after checking and valuation to Petroleum and Gas Board prevent tampering of gemstones; (“RMB”). • set out the process for the valuation of gemstones weighing less than 1 000kg and gemstones weighing more than 1 000kg; and • provide for industrial gemstones exportation. 68
Tanzania
sector instrument effective date/status key points and impact Tax Transfer Pricing Guidelines, 2020 Published on 1 July 2020 by The Guidelines: the Tanzania Revenue • provide guidance on the procedures to be followed in the Authority (“TRA”). determination of arm’s length prices and provide consistency in administration of tax laws; and • provide illustrations and simplified examples on the application of the Tax Administration (Transfer Pricing) Regulations, 2018. If these Guidelines contradict the Regulations, the later shall prevail. 69
Uganda
sector instrument effective date/status key points and impact Tax Public Notice: Introducing the Electronic Issued on 20 June 2020 by The Public Notice provides that: Fiscal Receipting and Invoicing System the Uganda Revenue • the Government of Uganda is introducing the EFRIS effective from (“EFRIS”) in Uganda Authority (“URA”). financial year 2020/21, which is a key initiative under the Domestic Revenue Mobilization Strategy (2019/20 – 2023/24) that shall be used by all businesses to manage the issuance of e-receipts and e- invoices; • the system is designed to improve business efficiencies and reduce the cost of compliance through: • improved record keeping among taxpayers; • the ability to track and authenticate business transactions in real time; • fast-tracking the payment of refund claims using e-receipts or e-invoices; • elimination of the risk of physical loss of tax invoices as transactional data; and • enabling the URA to avail taxpayers with prefilled tax returns in future to minimise delays and costs involved in filling tax returns.
Tax Tax Procedures Code (e-Invoicing and e- Published in the Uganda The Regulations: Receipting) Regulations, 2020, Statutory Gazette No. 38, Volume • provide for the issuance of e-invoices or e-receipts by value-added Instrument No. 82 CXIII of 23 June 2020. tax (“VAT”) payers starting 1 July 2020; • provide for the use of the centralised invoicing and receipting system by the Commissioner-General; and • set out the obligations of taxpayers. 70
Zambia
sector instrument effective date/status key points and impact Tax Press Statement on the Decisions Made Issued on 22 June 2020 by The Press Statement, inter alia: by Cabinet at the 16th Cabinet Meeting the Office of the President, • provides that Cabinet approved: Held on 22 June 2020 Cabinet Office. • in principle, the establishment of a ZMK8-billion economic stimulus package that will be financed through the issuance of the COVID-19 Bond and its allocation will go towards the needy areas including payment to retirees, contractors and suppliers; and • the termination of the Avoidance of Double Taxation Agreement between Zambia and Mauritius and initiation of negotiations of a new Agreement, which will introduce shared taxing rights and anti-abuse clauses [The Agreement shall terminate with effect on 31 December 2020 in Zambia, and 30 June 2021 in Mauritius]. bills 72
Mauritius
sector bill effective date/status key points and impact Banking / Finance Anti-Money Laundering and Combatting Introduced on 23 June 2020. The Bill intends to: the Financing of Terrorism (Miscellaneous • bring further fundamental reforms in the financial services sector, Provisions) Bill thereby ensuring closer compliance with recommended international best practices and norms of the Financial Action Task Force; and • amend various enactments with a view to reinforcing the existing legal provisions to further combat money laundering and the financing of terrorism. 73
Tanzania
sector bill effective date/status key points and impact Finance Finance Bill, 2020 Passed by Parliament and The Bill aims to: awaiting Presidential assent. • impose and amend certain taxes, duties, levies, fees; and • amend certain written laws relating to the collection and Published in the Special management of public revenues. Gazette of the United Republic of Tanzania No.4, Volume 101 of 12 June 2020. 74
Uganda
sector bill effective date/status key points and impact Labour / National Local Content Bill, 2019 Passed by Parliament and The Bill aims to: Employment awaiting Presidential assent. • impose local content obligations on a person using public money or utilising Uganda’s natural resources or carrying out an activity requiring a license; • prioritise Ugandan citizens, Ugandan and resident companies in public procurement; • ensure skills and technology transfer to Ugandan entities; • provide for the development of local content plans; and • provide for the supervision, coordination, monitoring and implementation of local content in Uganda.
Banking / Finance National Payment Systems Bill, 2019 Passed by Parliament and The Bill aims to: awaiting Presidential assent. • regulate payment systems; • provide for the safety and efficiency of payment systems; • provide for the functions of the Central Bank in relation to payment systems; • prescribe the rules governing the oversight and protection of payment systems; • provide for financial collateral arrangements; • regulate payment service providers; • regulate issuance of electronic money; and • provide for the oversight of payment instruments.